HARI CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is criminal misc. No. 19581-M of 1998 whereby Hari Chand-petitioner has prayed for cancellation of bail allowed to Parmjit Singh alias Pamma-respondent No. 2 by learned Sessions Judge, Patiala vide order dated 9.6.1998 in bail application No. 127 dated 2.6.1998 in case FIR No. 26 dated 6.4.1998 registered under Section 302/34 of the Indian Penal Code at Police Station, Lalru.

(2.) PROSECUTION case briefly stated goes as follows: Petitioner-Hari Chand's wife Smt. Bhuro and his sister-in-law Babli (his brother Dalbir Singh's wife) were washing clothes in their other house while Hari Chand was present at his house. Jasbir Singh alias Jassi son of Ajmer Singh stood in front of house of Hari Chand where his buffalo was lying tethered as usual. Jasbir Singh alias Jassi started abusing. On hearing the abuse, Hari Chand stood in the balcony of his house towards the side of the street. Jasbir Singh alias Jassi was saying that despite having been told several times, these rogues (Hari Chand etc.) do not stop tethering their buffalo. Jasbir Singh alias Jassi untethered their buffalo. Thereupon Smt. Bhuro came in the street and stopped Jasbir Singh alias Jassi from doing all that. Jasbir Singh alias Jassi slapped Smt. Bhuro saying the he would finish the matter once for all. Jasbir Singh alias Jassi started abusing and while abusing called his brother Bahadur Singh alias Kaka asking him to come and teach them lesson and Jasbir Singh alias Jassi came towards the house of Hari Chand and entered it. Smt. Bhuro was coming towards Hari Chand. Jasbir Singh alias Jassi holding a Daang and Bahadur Singh alias Kaka holding a cricket bat, came running behind Smt. Bhuro. In the meantime, Paramjit Singh alias Pamma-respondent No. 2 holding lathi came from his house on hearing the calls of Jasbir Singh and surrounded Smt. Bhuro who was just climbing the stairs towards the side of Hari Chand. She became frightened. She tried to come down stairs, when Bahadur Singh alias Kaka, who was coming behind Jasbir Singh exhorted that "Jassi what are you looking for now, do the needful.". Jasbir Singh alias Jassi with full force using both hands gave lathi blow on the front side of the head of Smt. Bhuro. Smt. Bhuro fell down with face downwards. Hari Chand came down from the balcony of his house raising Raula "Mar Ditti Mar Ditti". Thereupon, Paramjit Singh alias Pamma came towards Hari Chand holding a Daang saying that if he came down, they would also make him sleep with her (Smt. Bhuro). Out of fear, Hari Chand again climbed up to the balcony of his house. All the three accused started pelting pieces of bricks and stones on him (Hari Chand) and his brother's wife Babli. Smt. Bhuro was taken to Civil Hospital, Lalru, where she was declared dead.

(3.) TO Paramjit Singh alias Pamma, attribution is that when Smt. Bhuro was climbing the stairs towards Hari Chand, he surrounded her and on getting frightened she tried to come back when Bahadur Singh alias Kaka, who was coming behind Jasbir Singh said that "Jassi what are you looking for now, do the needful". Jasbir Singh alias Jassi, with full force using both hands, gave a lathi blow on the front side of the head of Smt. Bhuro. Learned counsel for the petitioner submitted that attribution to Paramjit Singh alias Pamma is also grave and therefore, he should not have been allowed bail by the learned Sessions Judge.